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APPOINTED BY THE 

BOARD OF ALDERMEN 

OF THE 

CITY OF JPORTLA.ND, 

TO 

INVESTIGATE THE CAUSES AND CONSEQUENCES 

OF 

THE RIOT, 

ON THE EVENING OE JUNE 2, 1855. 



PORTLAND: 

BENJAMIN D. TECK, CITY PRINTER. 

1855. 






To the Board of Aldermen of ilie City of Portland : 

The Committee appointed by your Board, under vote of June 
9th, 1855, to investigate the transactions of the evening of June 2nd, 
and their consequences, have been engaged in the duties assigned to 
them twelve days, laboriously examining witnesses, and other testi- 
mony. They have this day completed their labors, and submit to 
your Board, a report embracing the material points of the evidence, 
with the conclusions they have drawn from it. 

By order of the Committee, 

WM. WILLIS, Chairman. 
Portland, July 10, 1855. 



EEPORT 

/ 

I OF THE 

COMMITTEE OF INVESTIGATION. 



The Committee appointed June 9th, 1855, by the Board 
of Aldermen of the City of Portland, " to investigate the 
circumstances attendant upon the extraordinary transac- 
tions of the 2nd inst. and to report in such manner and form 
as they shall think proper :" commenced their sessions at 
the- Chamber of the Common Council, June 12th. 

The Hon. Charles S. Davies having been named in the 
order appointing the Committee, as Chairman, called the 
meeting to order; and Wm. Goodenow, Esq., was chosen 
Secretary. 

After passing through some preliminary proceedings, 
Mr. Davies remarked, that the state of his health would 
not allow of his discharging the duties of the Chair, whiih 
from the nature of the case, he foresaw must be arduous 
and protracted, and while he felt it a duty to accept the 
appointment, and render what aid he could on the highly 
important subject which they had been invited to investi- 
gRte, he thought some other gentleman on tlie Committee, 
of sounder health than it was his privilege to enjoy, would 



better preside over their deliberations. Ho therefore ask- 
ed leare to withdraw from the position to which he had 
been designated by the Board of AUiermen. Mr. Davies 
Wiis accordingly excused from serving as Chairman, and 
Wm. Willis, Esq. was unanimously chosen in his stead. 

The place of the Rev. Mr. Stebbins, who declined act- 
ing with the Committee, was supplied by the choice of James 
C. Churchill. Esq. ; three of the persons named on the Com- 
mittee, viz : Rev. Mr. Pratt. Samuel Hanson, and Henry B. 
Hi\rt, were absent from town. Mr. Hart on his return took 
his seat at the Board. The other sc^ntlemen not returninor 
until the examination of witnesses had prxjceeded several 
days, declined taking their se4\ts. The remaining mem- 
bers of the Committee, consisting of eighteen gentlemen, 
have given a prompt and assiduous attention to its duties. 

Toward the close of the session of the first day. the Com- 
mittee sent a notice by their Secretary, to the Mayor and 
Aldennen, informing them that they were organized, and 
would be ready on the following morning to hear testimony 
on the subject of their appointment, or receive any commu- 
nication fr:)m them. 

Thev also voted that not being a judicial tribunal they 
would not require any witnesses who should be brought be- 
fore them to be sworn, but would take their testimony un- 
der a caution, that they would speak the truth in the s,ame 
manner as if they were under the s;\nction of an oath. And 
thev farther voted, that they would seek information from 
all sources, which could impart light or knowledge on the 
circumshinces le^iding to, and resulting from, the disturban- 
ces of S;\turday evening, or on the occurrences of the 
period. 



Numerous witnesses conversant with the transactions of 
the evening, including Aklerman Hing, the City and Depu- 
ty Marshals, the Sheriff of the County, the City Solicitor, 
Captains Green and Roberts, Mr. Poor of the Slate of 3Iaine, 
and many other gentlemen of standing, respectability and 
character, appeared and testified fully and frankly, to facts 
within their knowledge ; sixty witnesses were thus ex- 
amined. 

The Committee also examined and considered the testi- 
mony of witnesses produced and sworn before the second 
Inquest, as reported in the papers ; and in several instanc- 
es, had the witnesses themselves before them, to confirm or 
vary the published reports. They also examined the tes- 
timony taken before the first Inquest, as reduced to writing, 
signed and sworn to, before the Coroner, which was verifi- 
ed in several of the cases by a re-examination of the same 
witnesses. 

They had also before them the records of the City Gov- 
ernment, relating to the purchase of the liquors, the estab- 
lishment of the Agency, and collateral subjects. 

The Committee during their investigation invited the 
persons on whose complaint the warrant for the seizure of 
the liquors in the agency was granted, to testify before 
them. But they declined doing so, in a written commu- 
nication. Two other gentlemen whose testimony they 
sought, also declined to attend, viz. Henry 13. Stone, of the 
State of Maine, and Capt. Charles C. Harmon. With these 
exceptions, every person who had been invited to testify, 
freely came before the Committee. 

The Committee will now proceed to state the principal 
and important facts as they appeared before them, with 
liieir conclusions derived from those facts. They pass 



6 

purposely by, ^YitllOut notice, numerous statements and 
conjectures which have appeared in testimony, as immate- 
rial, and having no relevancy to the true issues in this case. 
The law " for the suppression of Drinking Houses and 
Tippling Shops," approved March 16th, 1855, went into 
operation May 1st. 

The act in its first section provides as follows : 
" Agents may be appointed under this act by the Mayor and Alder- 
men of Cities, the Selectmen of Towns, and the Assessors of Planta- 
tions, as soon after the first day of May next, as may be." 

Section 31st provides : 

" All purchases of liquors to be sold by such agents, shall be made 
by the Mayor and Aldermen of Cities, Selectmen of Towns, and As- 
sessors of Plantations," 

The agent, it will be seen, has no authority to purchase 
liquors, any more than any other person, and the law de- 
clares, " he shall have no interest in the liquors sold, or in 
the profits of the agency." He is to have a fixed com- 
pensatioQ for his services. 

It cannot, therefore, affect the legality of the purchase 
of liquors by cities or towns, whether it is made before or 
after the appointment of an agent. His duty is to sell, and 
not to buy ; and he cannot sell the liquors before they are 
purchased. 

On the 3d of May, at the first meeting of the Mayor 
and Aldermen, after the law went into operation, the fol- 
lowing proceedings were adopted : 

" Ordered, That the Mayor, nnd Aldermen Carlton and Brooks, be 
a Committee to arrange for the establishment of a City Agency for the 
lawful sale of spirituous liquors, wines, &c., for medical and mechani- 
cal purposes, under the provisions of an Act entided " An Act for the 
Suppression of Drinking Houses and Tippling Shops," passed at the last 
session of the Legislature, and approved March 16, 1855 ; and also to 
prepare and report to this Board such Rules and Regulations as may be 



necessary for the government of the Agent hereafter to be appointed, 
and such compensation for his services as they may deem suitable." 

" Ordered, That the Mayor and Aldermen be authorized to use the 
shop under the City Hall, now occupied by Messrs. Waite and Butler, 
for the accommodation of a City Agency for the sale of alcoholic 
liquors for medicinal and mechanical purposes." 

The last Order was passed by a concurrent vote of the 
two Boards. 

" In Board of Aldermen, May 17, 1855 : 

" The Committee on the City Agency for the sale of liquors were 
instructed to settle with H. H. Hay, late Agent, and to remove any 
liquors of the city remaining unsold." 

« May 31, 1855. The Board balloted for a City Agent for the sale 
of spirituous liquors ; the whole number of ballots was six. John 
Chute had four votes, and was declared elected, and appointed. Wm. 
E. Morris and H. H. Hinkley had one each. 

" The Board then elected Wm. E. Morris as Clerk of the City Agent. 

" The salary of the City Agent for the sale of liquors was fixed at 
seven hundred dollars per year, and that of the Clerk was fixed at five 
hundred dollars per year, payable quarterly." 

At the meeting of the Aldermen on the Sd of May, all 
the members were present but Aldeiman King. At the 
next meeting, May 17th, he was present, and then under- 
stood by the proceedings of that meeting that an agency 
had been established, but was not aware that a Committee 
had been appointed to purchase liquors, although the pro- 
ceedings of the meeting of May 3d were read at that of 
the 17th : the fact of a Committee having been appointed, 
he testifies, escaped his attention. 

At the meeting of May 31st, he held a conversation 
with the Mayor on the subject of the purchase of the liq- 
uors, with a view of obtaining information with regard to 
the legality of the purchase, and was serious, as he testi- 
fied, in making that inquiry, although the conversation 
closed in a sportive vein. 



f 

8 

Mr. Ring unfortunately left the meeting with the im- 
pression that Mr. Dow had purchased the liquors in his 
own name, but with the honest belief, at the same time, 
as he expressly states, that if he did so purchase them, it 
was for the City Agency, and without a design to violate 
the law, or expectation of any benefit to himself. The 
language of Mr. Ring's testimony was : 

" When I left the meeting of the Aldermen, I carried away the im- 
pression that Mr. Dow had purchased the liquors on his own responsi- 
bility, but I honestly believed that he purchased them for the use of the 
Citv, and without any expectation of benefit to himself. I did not 
know that he was one of the Committee to make the purchase." 

The impression that the Mayor had purchased the liquor 
in his own name, Mr. Ring communicated to the publishers 
of the Arpis and JState of Ifaine. This led to the publication 
of an imperfect and not a true version of the conversation 
which appeared in those papers on Saturday morning, 
June 2d. 

Mr. Ring remarked to this Committee, that if he had 
known the facts as they actually existed with regard to 
the purchase of the liquor, his impressions on the subject 
would have been different ; although he did not feel satis- 
fied that the order gave the Committee authority to 
make the purchase. 

The Mayor, on his part, supposing that Mr. Ring was 
familiar with the proceedings of the Board in regard to 
the establishment of the Agency and the appointment of 
the Committee, treated the matter jocosely, as a banter on 
the part of Mr. Pting. 

The Committee can not but believe that the false im- 
pression conveyed by the published report of that conver 
sation, was a primary cause of the complaint against Mr, 
Dow, the subsequent seizure of the liquor, and led to the 
disturbance of the evening. 



The Committee appointed hy the Board of Aldermen 
on May 3d, to establish the Agency, in pursuance of their 
authority, arranged and furnished the room in the base- 
ment of the City Hall, which had formerly been used for 
that purpose, and made it ready to receive the liquors. 
And believing it to be part of the arrangements of an agen- 
cy, that it should be provided with liquors necessary for 
medicinal and mechanical purposes, on or about the 20th 
day of May, they entered into an agreement with the firm 
of J. Bramson & Co., of New York, to furnish the Agency 
with certain quantities of pure liquors, such as would be 
most suitable to the object for which the Agency was 
established. 

Mr. Bramson, one of the firm, was in town on that day, 
and was introduced by Mr. W. C. Osborne to Alderman 
Carlton, one of the Committee, as a large dealer in pure 
and imported liquors, and a man to be relied upon. Mr, 
Carlton waited upon him to the Mayor's office, and an 
agreement was then and there entered into by these two 
members of the Committee, having the sanction of Alder- 
man Brooks, the third member, on behalf of the City, with 
Mr. Bramson, to send to the Agency certain liquors accord- 
ing to a memorandum then furnished him, containing spec- 
ifications of the kinds and quantity of liquors, to be war- 
ranted "pure," or no sale. The memorandum in writing 
given to Mr. Bramson contained instructions to have the 
liquors directed to the " Portland Agency, Portland, Me " 

On the 31st day of May, the liquors arrived : all the 
packages were marked as instructed, accompanied by bills 
of lading, and an invoice of the goods, corresponding with 
the marks on the packages. 



10 

The bill of parcels accompanying tlio sliipment was 

headed 

" New Yokk, 25rh May, 1855. 
Portland Agency, Portland, Me,, 

Bought of John Bramson & Co., 
Importers of Brandies, Wines, and Havannah Segars, 
No. 75 Broad Street, up stairs. 
Terms — Note, at 6 months, or cash, discount." 

Then followed a description of the lir[uor3 with the pri- 
ces, amounting to $1618,93. 

On their arrival, the liquors were immediately transport- 
ed to the Agency, where they were deposited, and remain- 
ed in charge of Mr. Chute, who had been appointed agent, 
where they were seized u[)on the warrant, as the property 
of Neal Dow, on the 2(1 of June. Neither the name of 
Mr. Dow, nor of any of the Committee, appeared upon the 
packages, the bills of lading, or the invoice. 

Such being the facts relative to this branch of the case, 
the Committee have no hesitation in declaring their be- 
lief that the liquors were purchased according to law, and 
were legally deposited in the City Agency, and were the 
property of the City of Portland. 

But if they were not legally purchased, they had been 
seized under a lawful process which was then pending, 
and were in custody of the law, in a building owned by 
the City. If, then, this liquor had been illegally purchas- 
ed, that fact could afford no justification to a mob to assault 
the property of the City, and take the article by violence 
from the custody of the law. The crime in either case 
has no apology. The law should have been permitted o 
take its course ; if the liquor was illegally purchased, the 
law would declare it forfeited, and it would have been 
destroyed under and by virtue of the law. 



11 

On the afternoon of June 2d, Royal Williams, Joshua 
Stevens, and Alvin S. Dyer, appeared before the Judge of 
the Police Court of the City of Portland, and in behalf of 
the State entered a complaintunder their respective oaths, 

" That they have reason to believe, and do believe, that on the first 
day of June, in said year, at said Portland, intoxicating liquors were 
and still are kept and deposited by Neal Dow, of Portland, in said 
county, in the middle cellar under the building commonly known as 
the City Hall, in said Portland ; said Neal Dow not being authorized 
by law to sell said liquors within said Portland, and said liquors are in- 
tended for sale within said State, in violation of law.' 

The reasons the complainants had for believing the facts 
to which they made solemn oath, we are not permitted to 
know. One of these allegations is, that they believed 
these liquors were intended for sale in violation of latv. The 
Committee had hoped, in requesting their attendance be- 
fore them as witnesses, to have learnt the causes and 
grounds of this belief. 

The warrant thus demanded was duly issued and put 
into the hands of Deputy Marshal Ring. The complain- 
ants required and demanded, under much excitement, that 
it should be given to Constable Brady, who was in the 
room to receive it. This was refused, the Judge remark- 
ing that it must take the usual course. 

This was between three and four o'clock, P. M. The 
Deputy Marshal did not seize the liquor until about an 
hour and a-half from the time of receiving the warrant. 

On proceeding to the agency, he found the liquors there, 
marked "Portland Agency, Portland, Me."; not seeing Mr. 
Dow's name upon the packages, he had doubts about his 
right to seize them ; he called for the invoice in the hands 
of the agent who was present, and found the bill to corres- 
pond with the marks. He then went out to consult the 



12 

Marshal and County Attorney, as to his duty, and afterwards 
returning with the Marshal, he seized the liquors upon his 
warrant between five and six o'clock, took an account of 
them, and left them in the cellar of the agency, as the most 
secure place. 

As soon as the warrant was issued, persons began to 
assemble in groups about the City Hall, holding converse 
on the subject of the Avarrant and seizure ; and expecting 
that the liquors would be taken and moved to some other 
place. Some inquired of the Deputy Marshal why he 
did not seize the liquors ; others said, " the liquor must 
come out, and Dow must be treated like any body else." 
Considerable disappointment and excitement were mani- 
fested that the liquor was not removed, and at the tardy 
manner in which the process had been executed. Many 
persons had assembled there '' to see the liquor spilt," as 
they expressed it, expecting that it would be taken out, 
and on its removal be destroyed. 

Uriah M. Furlong met there in the afternoon three 
truckmen of his acquaintance, having their teams with 
them, who told him that they came there to haul away 
Dow's liquor ; that Royal Williams and others had gone to 
get a warrant; and that Brady was to be the officer. 

The plan seems to have been concerted that the warrant 
should be placed in Brady's hands, who would have taken 
the liquor from the cellar, and that it was probably doom- 
ed to destruction on its way. 

Mr. Chandler BacklyfTe, of Westbrook, came into town 
in the afternoon, and being attracted by the crowd around 
the Hall, inquired the cause. He was told in several quar- 
ters, that the object was to destroy Neal Dow's liquor, that 
it was under seizure, and that they were waiting for it to be 



13 

rolled out. Messrs. Joseph Johnson and Heuel Shaw, who 
keep stores in the neighborhood of the City Hall, repeated- 
ly heard declarations late in the afternoon, from several per- 
sons, that the liquors would be taken out by violence. Al- 
derman Brooks also states, that as he was going home to tea, 
he saw some persons talking together near the U. S. Hotel, 
and heard the remark, " that if Brady had got the warrant, 
the liquor would now have been destroyed," and one said, 
" now let us put it through." 

The testimony of numerous witnesses concurs in this con- 
dition of things in the afternoon. The persons who assem- 
bled then around the Hall, were no doubt drawn there with 
the expectation that the liquor would be taken out of the 
Agency, under the warrant, and be destroyed. There was 
no riotous conduct at the time ; but a strong feeling of im- 
patience and irritation was manifested, that the liquor was 
not brought out, and an occasional expression escaped, that 
it should and would be taken out that night. Many wit- 
nesses testified to declarations of persons to that effect. 

The groups generally dispersed about tea time ; but 
there is good reason to believe, that a meeting for the even- 
ing at the same place, and for a more determined purpose, 
was concerted. Mr, Butler, one of the police officers, was 
coming from Cape Elizabeth on Saturday afternoon about 
5 o'clock ; and while on Portland bridge, three men met, 
and he heard one who was coming to the Portland side, say 
to the two others who were going over, " be sure and come 
over to the rum shop about 8 o'clock j" and the reply was, 
" we'll be there." 

The same witness, on his way from his store, home to 
tea, about G o'clock, heard invitations repeated several times, 
by persons Avho met in the street, to be at the " rum shop," 



14 

some said " City Agency, at 8 o'clock." On his return 
from tea, lie saw at two different places, squads of people, 
among whom there was considerable excitement, and with 
some of whom he conversed. He heard declarations dis- 
tinctly made, that they would have the liquor out that 
night ; one man said he would be one to help get it out. 
Similar declarations were heard by other witnesses in dif- 
ferent quarters of the city. 

Mr. James E. Robinson stated that he heard a conver- 
sation in the latter part of the afternoon near the City- 
Hall on the subject of seizing the liquors ; in which a 
number of persons used the expression, "we'll adjourn till 
8 o'clock, and then we will have it out." 

In the latter part of the afternoon, and early in the 
evening, communications were made to the Mayor and 
some of the Aldermen, and to the Marshal by some of the 
police, of these conversations and threats, and that serious 
apprehensions were entertained that an assault would bo 
made in the evening upon the Agency with a view to de- 
stroy the liquors. The Marshal summoned the police and 
the watch to meet at his office. — The opinion prevailed 
among the police and some of the Aldermen, that the 
Agency would be assailed, and that there was a necessity 
that a force should be stationed there to protect the build- 
ing, and preserve the property stored there. Alderman 
Brooks passing down after tea, between 7 and 8 o'clock, 
saw a crowd near the Agency, and demonstrations of a 
spirit of violence against the building ; this he immedi- 
ately communicated to the Mayor. 

The Mayor and a portion of the Aldermen were at their 
room during the afternoon and evening, and fearing, from 
the information they had received, that a riot would take 



15 

place, they ordered the Marshal in the evening to repair 
to the Agency room with a portion of his police force, 
suitably armed, to protect the property there. The Mar" 
shal had previously procured a revolver, and in pursuance 
of these orders, he caused five or six members of the po- 
lice to procure arms, and to take their stations with him- 
self in the Agency room. At the same time, be ordered 
other police officers and a portion of the watch to remain 
Outside the building to warn the crowd to desist from 
violence, to disperse, and go home, and to endeavor to 
preserve the peace. 

The Mayor and Aldei'uren, apprehending from the 
large number of persons who were assembling around the 
City Hall, and the threats which had been uttered, that a 
force would be required larger than the regular police, 
took the precaution to notify the commanding o fficers of 
the Light Guards and the Kifle Guards, two military com- 
panies belonging to Portland, that a disturbance was 
apprehended, and requested them to assemble their com- 
panies at their respective armories. 

A contract had been entered into in January last, be- 
tween the City and these companies, by which in consid- 
eration of a certain sum of money, they voted to tender 
their services to the City " to aid its civil officers as an 
armed police force, in suppressing any riots or disturban- 
ces" within the City, whenever they should be called upon 
by the proper authorities. 

The notice and request to these officers was conveyed 
verbally, to Capt. Green by Alderman Brooks, and to 
Capt. Roberts by another City officer, in which their ser- 
vices A\ere requested as an armed police. It was so stated 
to them in express terms, in the verbal communication. 



16 

Gen. Fessenden, the City Solicitor, about this time, hav- 
ing been to the City Hall and seen the excitement there, 
waited upon the Mayor at the Government House. In his 
testimony before the Committee he says, "I felt it my duty 
to notify the government that the danger was urgent, and 
that something should be immediately done for the preser- 
vation of the property and peace of the City. I told them 
I thought the military ought to be called out. Mr. Dow 
replied that there was an agreement with the City, that 
they should turn out, when called for as an armed police, 
and that they had been, or that measures were taking to call 
them out." 

Sheriff Baker was also sent for by the Mayor, and re- 
quested to repair to the City Hall, and use his best exer- 
tions to disperse the crowd and prevent a riot. In pursu- 
ance of which request, he did proceed to the City Hall, in 
company with the City Solicitor, and endeavored, during 
the remainder of the evening, to preserve the peace. 

In view of the accumulated evidence of repeated com- 
munications made to the Mayor and Aldermen, in the af- 
ternoon and evening, of a growing excitement in the 
neighborhood of the City Hall ; of the probability of a 
concerted assemblage there in the evening for unlawful 
purposes ; of the threats from various quarters that the 
Agency room should be forced and the liquor destroyed ; 
the Committee can not resist the conclusion, that the ex- 
ecutive authority of the City would have proved folse to 
its duty, had it not taken the most prompt and efficient 
measures to protect the public property, and to preserve 
the peace and welfare of the city. And they have 
seen no evidence that any preliminary measure was 
taken, which was not fully justified, na}^, demanded, by 
the urgency of the case. 



17 

Having presented a summary of events which transr 
pired, and of measures which were adopted, previous 
to the riotous proceedings of the evening, the Commit- 
tee now approach the scene of excitement at the City 
Hall, and propose to submit a plain narrative of the 
principal occurrences, as they have appeared in the 
various, and in some instances contradictory statements, 
which have been considered by them. 

Between 7 and 8 o'clock, persons began to assemble 
about the City Hall ; they continued to increase until 
after 9 o'clock. In the first instance, there were many 
boys in the crowd, who were very noisy. As the mul- 
titude increased, the smaller boys disappeared, or were 
lost in the crowd. During the whole scene, there were 
present many young men from 15 to 20 years old, some 
of whom, we are sorry to say, were active participants 
in the riot ; and in the early movement were most con- 
spicuous. 

The scene of active operations was on Congress St 
in front of the Agency room, where persons engaged in 
the assault were chiefly assembled. On the sidewalks^, 
was another class, composed of persons who went there^ 
from curiosity, or from sympathy in the movements. of 
the rioters. 

About 8 o'clock, policeman Butler, whose store ad- 
joins that of the Agency, says he went to his door on 
Congress St., and thinks he saw a thousand men in sight 
from the head of Preble St., to the U. S. Hotel. John 
A. Poor, Esq., testifying to the state of things, as he saw 
them about 8 o'clock, as he passed into and out of the 
hotel, says : 

" There was quite a gathering in front of the Agency door. Aa I 

came out of the hotel I heard a shout ; f be crowd then swayed off to 

o 



1% 

wards Clapp's building ; a confused noise there ; I heard no stones 
thrown. A good many people were near the steps of the Hall ; quite 
a number on Middle street, many on Congress street side, more than 
on Middle street. I think there were more on the sidewalks than in 
the street. There was a large gathering of people on all sides of the 
City Hall : my impression is, that the shouts were from boys of fifteen 
to 20 years of age." 

Lewis Dela testified that he went to the City Hall 
about 8 o'clock, " saw a large crowd in groups or masses, 
from Elm St., to Preble St., and some above, on the 
sidewalks and in the streets." 

Uriah H. Furlong testified, that he was there soon af- 
ter 8 o'clock, and found a large crowd assembled, very 
noisy and very threatening ; he was in among them . 
he says, " a number spoke to me and said, ' they would 
have that rum that I hauled up for Neal Dow.'" Mr_ 
Butler also testified, that as early as 8 o'clock, he heard 
:^orae persons in the crowd repeatedly declare, that they 
would have the liquor out before midnight. 

In regard to the large assemblage of persons around 
the City Hall at that early hour, the testimony is con- 
current and uncontradicted ; and equally so, that it in. 
creased until half past nine o'clock. The number on 
the sidewalk and in the streets, being variously estimat- 
ed at from 1000 to 3000 people. Curtis Meserve stated 
that he stood in a position where he had a good observa- 
tion, and took some pains to estimate the number, and 
became to the conclusion that there were present from 
2400 to 3000 persons on Congress street and sidewalks 
between Preble and Elm streets, between 9 and 10 
o'clock. 

Soon after 8 o'clock, demonstrations of violence com- 
menced against the door and window of the room in the 



19 

City Hall wliicli had been established as the Agency for 
the sale of liquor, and in which the liquors purchased by 
the Committee were deposited. Mr. Dela, w^ho was an 
attentive obsei ver of the transactions during the prin- 
cipal scenes, described the early operations as follows : 
" Soon after I arrived, a half moon circle was formed round the 
Agency door ; 40 or 50 men and boys were in that circle. Soon after, 
I heard stones thrown against the Agency ; a number of stones struck 
the door and wall ; there was not much excitement until glass was 
broken, when there was a shout and the excitement commenced 
Stones continued to be thrown, sometimes a volley, then an occasional 
one ; sometimes there was an interval of two to five minutes. One 
stone struck the sash, and I thought the whole sash was carried away ; 
there was a great shout then, and the crowd in front of the door was 
greatly augmented, especially on the outer edge of the circle." 

Gen. Fessenden describes the scene about this time as 
follows : '• There was a good deal of noise and a good 
deal of threatening language. The Hall was assailed by 
missiles wdiich I took to be stone or brick, thrown with 
violence against the door and walls of the building, ac- 
companied by shouts and threats, ^ good,' ^ give it to 
them," and the like. I heard the rattling of glass, and I 
thought I heard the door give way. The crowd seem- 
ed as far as I could judge increasing, and increasing in 
violence." He estimated the number of persons there 
at from 1200 to 1500. 

Stevens Smith, another witness, who was in the midst 
of the assemblage, describes the above scene in the fol- 
lowing words : 

"I stood on the sidewalk between Butler' sdoor and the Agency door ; 
there was a large gatheririg in the square between the City Hall and 
the Dcering Block ; much noise, swearing and complaining of Dow. 
Persons in the crowd were exciting the actors in front of the Agency, 
damning Dow, and swearing they would have out the liquor. They 



20 

formed a circle in front of the Agency door, the centre of which was 
15 or 20 feet from the door. I saw boys 14 to 18 years old, bring up 
stones, hand them to the men, and the men threw them with violence 
against the building ; as the stones rolled back^ they were picked up 
and again thrown against the Agency. I heard the remark that they 
must stave in the door, as they must and would have the liquor." 

These occurrences took place between 8 and 9 o'clock 
in the evening, and the statement we have made from 
two or three witnesses somewhat in detail, is confirmed 
in more general terms hy witnesses who were on the 
sidewalks more remote from the immediate scene of ac- 
tion. The testimony is nearly unanimous, as to shouts, 
oaths, and imprecations, and throwing of stones, accom- 
panied by threats of the destruction of the liquor. 
James E. Robinson testifies to hearing persons in the 
crowd say they could get into his store, which was ad- 
joining the Agency room, get pick-axes and crow-bars, 
and then break into the agency ; that the police would 
not dare to fire. But it is said by a few of the witness- 
es, a small minority of the whole, that much of the 
noise came from boys. — Josiah Spofford for instance says 
in his testimony, before the 2d Inquest, " Occasionally^ 
I saw two or three boys, I should think from 12 to 15 
years of age, rush out of the crowd and throw a few 
small stones, judging from the noise against the Agency 
door." 

Mr. Ten Broeck looking from the 3d story of the U. 
S. Hotel upon the crowd, which he estimates at 1500 
persons, says, before the firing, " it seemed to be boys' 
play." He also states that he heard what he supposed 
to be brick bats thrown against the Agency, and some 
shouts and some groans, not very loud shouts. 

The Committee made particular inquiries on that 
point, and were satisfied that in the early stages of the 



21 

proceeding, there were many boys in the crowd, who 
were prominently noisy, so far as shouting constituted 
the noise. Afterwards, as the matter became serious, 
much the largest proportion of the active rioters con- 
sisted of fall grown men, aided by young men of 1 5 to 
20 years of age. To a direct question on that point, 
Sheriff Baker replied, " I did not see many boys in the 
crowd : if they were boys, they were boys of the size of 
men." Mr. Butler says of this period, " I do not think I 
saw a boy under the age of 15 or 16 in the midst of 
the crowd." The determined and persistent rioters oc- 
cupying the front ranks around, the Agency door, were 
men from 20 to 40 years old, moved by a determined 
spirit to get at the liquor. 

During this period to the time of the fire alarm, the 
police and other persons were active among the crowd, 
endeavoring to persuade the people peaceably to separ 
rate and go home. In some instances they made arrests, 
and the persons so arrested, were, in every case with 
one or two exception-;, daring the evening, violently 
rescued. Several persons not of the police, used exer- 
tions to induce the people to desist from violence. Mr. 
Dela testifies : 

" I told persons in different parts of the crowd, several times, that 
Mr. Dow had purchased the liquors for the Agency, and the subject 
would be legally investigated, and they had better go home. 

" As a justice of the peace I warned them to go home. They did 
not receive my warning kindly ; they were bitter and said ' damn such 
stuff.' I think it was the determination of the crowd to force the Agen- 
cy and get the liquor." 

The number of policemen stationed in tlie Agency 
room did not exceed ten, including the Marshal, whose 
orders to his men were to protect the property, and 
prevent any one forcibly entering. They had among 



22 

them 5 or 6 pistols, part of them revolvers. The whole 
number of police on duty that evening was 32 or 33. 

The police on the outside of the building, at the time 
we are speaking of, were active in the discharge of their 
duty. Mr. Butler, going out of his door with his badge 
on, was seen by the crowd ; they immediately cried out, 
" Go in, damn you, and mind your business." He says 
he spoke to them, and requested them to leave the door 
and disperse ; immediately a stone was thrown by an 
Irish boy about 15 years old, and struck the stile of 
the door over his head. He gathered up more stones, 
and handed them to the men about him. Mr. Butler 
then arrested the boy and carried him out of the crowd, 
and as he was moving off several men shouted, " Knock 
him down, damn him, kill him." A rush was made upon 
him, one struck him with his fist, another with a stone, 
and the boy who had been arrested was forcibly rescu- 
ed. Soon after another rioter was arrested by a police 
officer, and rescued in the same violent manner. 

Mr. Butler also states that having received orders 
from the Mayor and Aldennen, and also from the Mar- 
shal, he went among the crowd constantly warning them 
to disperse, and that if they continued their assaults 
they would certainly be fired upon. Police officers 
Covell, Pettengill, and others, were also among the 
crowd, giving similar notice, and warning in a loud 
voice. Covell arrested a man avIio had violently attack- 
ed the door of the Agency, wdio was forcibly rescued, 
amidst cries of " kill him, kill him," and he himself was 
knocked down and wounded. Mr. Hirdenbrook, an in- 
telligent witness, who was moving among the crowd, 
venturing an occasional remonstrance against their pro- 
ceedings, saw two police officers arrest a man who had 



2a 

thrown a large stone against the Agency door ; he also 
was forcibly rescued. Mr. Hardenbrook also testified to 
seeing a person distributing drink before 9 o'clock, and 
heard him say, " I can get rum enough for you, boys.** 
The vessel the liquor was in was dashed against the Agen- 
cy building. 

Dr. H. L. Davis, and Mr. Pickard testified to seeing 
policemen, or persons they supposed to be such, among 
the crowd endeavoring to persuade them to disperse, and 
heard them say to the people they would get themselves 
into trouble if they did not. Dr. Davis says, that at this 
time there was considerable excitement, and sounds like 
rocks going against the Agency building, and then a hur-- 
ra. lie says, " I think there were in front of the Agency 
door 400 or 600 people, some men, some boys, mostly 
men." 

Before closing this part of the narrative, we will refer 
to the testimony of Sheriff Baker. Between 8 and 9 
o'clock he was sent for by the Mayor ; and requested to 
proceed to the City Hall and use his influence and ofii- 
cial authority to quell the riot and disperse the crowd. He 
consulted the City Solicitor as to his duty and proceeded 
to the scene of the tumult about 9 o'clock. He «ays he 
found it difficult to cross over from the Deering block to 
the Hall steps on account of the crowd. The gathering was 
tumultuous, heard stones thrown forcibly againt the Agen- 
cy, profanity, and threats. A rush was made by the 
crowd in the street to the Agency door, and at the same 
time many stones were thrown against it. He adds, " 1 
stood near the steps of the Hall, and spoke in a loud voice 
to the assemblage and ordered them, in the name of the 
State of Maine, to disperse and go home." The order was 



24 

received with boisterous language, profanity and shouts of 
** out with him." He says " before I gave the order to 
disperse I heard the rattle of breaking glass, th« crash of 
blinds or something like it, and a great noise." lie thought 
he saw some one leading the crowd on, and heard what 
he thought was the word of command of a leader. The 
crowd appeared exasperated, took no heed of his com- 
mand, and seemed determined to enter the Agency. 

Such was the state of affairs at the City Hall, at the 
time the bells rang for fire, at about quarter past 9 o'clock, 
viz.: 

A series of repeated and violent attacks had been made 
upon the Agency apartment with heavy missiles : 

Threats had been freely and loudly uttered, accomp*- 
nied with oaths and imprecations, that the Agency room 
should be broken open, and the liquors destroyed : 

The civil officers had attempted to make arrests of riot- 
ers, and had been violently resisted, and themselves put 
in peril : 

The city officers had by peaceful efforts earnestly en- 
deavored to prevent violence, and had by their own efforts 
and the Sheriff of the county, publicly, openly and repeat- 
edly ordered the crowd to disperse. But all in vain. 

The ringing of the fire bells, and the coming in of the 
fire companies and the engines, produced for a short time 
a diversion of the rioters from the apparent object of their 
coming together. The crowd was increased by the occa- 
sion; but as these companies drew ofl', the number of ac- 
tive agents in the riot and the numerous spectators on the 
sidewalks, remained undiminished. 

The attempt to throw suspicion upon the Mayor for 
causing this false alarm to be given, seems to be wholly 
without foundation. 



25 



It appears in recent testimony that the order to ring 
the fire bells was given by Alonzo Butler, one of the po- 
licemen, without authority or the knowledge of the May- 
or or any of the Aldermen. His object in giving the 
alarm, was, as he states, the hope that it would draw off 
the crowd, or, failing in that, that it would rally the friends 
of order to the defense of the city property. 

While the engines wee oq the ground, the torches of 
one of them were lighted up : this displeased the crowd, 
and the company was loudly called upon to put them out* 
They had previously ordered the lights in Butler's store 
to be extinguished, and they afterwards shut off the gas 
lights at the west end of the City Hall. It may reasona- 
bly be inferred that the object of these movements Avas to 
throw obscurity over the scene, that the actors in it might 
the more easily escape observation. 

After the fire companies withdrew with their apparatus, 
which was a little after 9 1-2 o'clock, the tumult increased, 
and the demonstrations against the Agency became more 
determined. What had been timidly begun, was now fe- 
rociously prosecuted, as if the recent lull had given in- 
creased force to the excitement. It seemed as if the im- 
punity with which their former assaults had been received, 
had given fresh courage and ardor to the assailants. Lead- 
ers now came forward, and directed and encouraged the 
energy of the mob ; and there can be no doubt that there 
was at this time, a more resolute determination to force 
the Agency door and destroy the liquor. 

Alderman Ring, who was aroused from hia bed by the 
alarm of fire, proceeded to the City Hall. He thought at 
first it was a trifling affair, and boys' play, although he 
heard gkss broken, and saw two hundred or three hundred 



26 

persons in front of the Agency door in the street : says at 
last, "I believed it to be the object of the crowd to break 
into the Agency and destroy the liquor." " I do not think," 
he says, " that they originally assembled there for that 
purpose, although some may have come, with the hope at 
least, and perhaps with the intention of having the liquor 
destroyed." lie adds " during the whole time I was there 
from 9 1-2 to after 11 o'clock, there was a continual shoutr 
i^^gj y^^lhig, and throwing of stones, with an interval of a 
few minutes while the military went away." 

How any reasonable or unprejudiced man could come to 
any other conclusion than that of Alderman Ring, "that 
the object of the crowd was to destroy the liquor," we can- 
not conceive. 

After this course of proceeding had continued some time, 
Daniel Brown, a policeman, who stood near the Agency 
door, says he heard one man say, " we must accomplish 
our object if it takes all night — the liquor we will have." 
Another, who was very active, called the crowed cowards, 
and said, " there was no use in their staying there all 
night." lie says, " I cautioned them as 1 had others sev- 
eral times during the evening of their danger, and warn- 
ed them if they persisted, they would certainly be fired 
on by the police ; for they were armed, and would at all 
hazards defend the building." They replied, "Go to helb 
you are one of Neal Dow's pimps." " Damn the police, 
the J are of no account, only a baker's dozen, pass him out," 
and a number took hold of him. 

Joseph Batchelder also testifies that he heard one man 
say, " he'd be damned if he went away, till the liquor was 
out." 

About this time, a few minutes after 10 o'clock, the 
Light Guards, Capt. Green, came down from their armory, 



27 

consisting of about 24 men, and formed on the sidewalk 
on Congress street, in front of the Agency door. They 
were proceeded by Sheriff Baker, the Mayor, and Alder- 
men Brooks and Carleton. The Sheriff, before the compa- 
ny formed, stood on the sidewalk near the steps of the 
Hal], and in a loud voice, in the name of the State of 
Maine, commanded the crowd immediately and peaceably 
to disperse. The Sheriff testified that he spoke in a voice 
loud enough to be heard over the Square ; the gathering 
he says was very large, and the appearance of the crowd 
very boisterous, receiving his order with loud noises, jeers 
and hisses. 

The company then formed as above described, on which 
the crowd retreated from the sidewalk to the street. May- 
or Dow then spoke in a loud voice, and commanded the 
crowd to disperse, or they would be fired upon. This or- 
der was received with shouts, hisses, boisterous and pro- 
fane language, and a renewed discharge of missiles against 
the building and the soldiers. This scene is proved by 
the testimony of numerous witnesses, Mr. Carleton, who 
then stood by the Mayor, the Sheriff, and others. Mr. 
Dela says : 

" I crossed over and spoke to the Mayor, and took my place by his 
side. Before I reached the spot, the Mayors poke loudly and gave or- 
ders to the crowd to disperse, and added, that if they did not disperse, 
they would be fired upon. His voice was drowned by noises and hif- 
ses as before. I heard Capt. Green say, " one of my men has been 
struck down by a brick," at the same moment a bottle struck the bay- 
onet of a soldier standing next to Mr. Dow, was shattered and fell on 
the sidewalk." 

The missiles continued to fly thick and fist, amidst 
shouts and imprecations. Captain Green then said 
to the Mayor, " you must do something, as my men are 
falling ;" two men had just then fell hit by stones. Sev- 



28 

eml others were wounded. ^Mr. Dow said, " we will neg- 
lect it no longer, get your company vesi(]y." He then 
gave the word to Capt. Green to fire, and immediately re- 
peated an order, " by sections fire." The company paid 
no attention to this order, expecting one from their Cap. 
tain. Capt. Green then gave the word, " second platoon, 
ready," he hesitated before giving another order, and turn- 
ing to the Mayor, said, " must I fire, it is hard to shoot our 
own citizens." The Mayor replied, " wait a minute." Capt, 
Green had been unwiliing to go before the mob with so 
small a force ; he had expected to meet another company 
there. Mr. Dow informed him that another company Avas 
coming, and as!\ed Capt. Green if he would go and meet 
them ; he assented, and they marched off, but 8 or 10 of 
his men following ; the remainder, some wounded, and 
others discouraged, had retreated to their Armory. 

There was evidently very great reluctance to resort to 
the use of arms, even in the emergency, and it was confi- 
dently believed and hoped by the Mfiyor, and Alderman 
Brooks and Carleton, that the mere display of the military 
force would have the effect to deter the crowd from further 
acts of violence, and induce them quietly to disperse. 

Immediately on the departure of the Light Guards, the 
tumult increased ; we will describe the scene which fol- 
lowed, in the language of Mr. Dela : 

" As soon as the company went off, the crowd became more violent ; 
they seemed to feel encouraged by their leaving. I was standing at 
or near the same place that I was when the Mayor was there. Very 
lartre stones were thrown at and through the door: when a stone was 
thrown at the door which took effect, a loud shout was sent up from 
the ciowd in the street, in which some persons on the sidewalk partic- 
ipated. It was in that crowd about the door, and at this time, that I 
first saw the person who was afterwards pointed out to me as John 
Robbins. I saw him pass on the inner edge of the crowd, around the 
Agency door. The first remark of his which called my attention was, 



29 

*' Boys, will you close up round me ?" He went up to the Agency 
door, turned his back to it, and kicked violently against it ; another 
man who had thrown a stone violently against it, then marched up and 
shook it." 

lie says, Robbins was then led out of the crowd, by a 
person who whispered to him and seemed to be his friend. 
Mr. Dela says, he alterwards saw the same man, describ- 
ed as Robbins, in the crowd. Saw him when he was shot 
at which time he was standing cloie to the steps of the 
Agency door, and either had hold of it or was reaching 
toward it. He had never known Robbins or seen him be- 
fore, but when he was led out of the crowd he had the 
ctiriosity to follow him, and then inquired of a stranger 
who it was, and was informed it was "Jack Robbins." 

Stevens Smith testified to seeing several persons at 
this time making a spirited assault on the building ; he 
says, they rushed forward with large stones, and hurled 
them against the door, and as they rolled back they pick- 
ed them up and again hurled them in the same manner . 
at the same time inciting the crowd to rush on, saying 
the polic(j were cowards and dare not fire. 

*] hey now brought forward a pork barrel, or something 
resembling it, and beat it heavily against the door ; some 
one proposed getting a plank or piece of joist as more ef- 
fectual. Several persons testified to their seeing a long 
piece of plank carried from Elm St., across. Joseph Batch- 
elder says he was standing on the corner of Kim St., and 
Saw a young man from 20 to 25 years old seize a large 
piece of plank, and cried out, *• Jesus God, now we'll give 
it to 'em," and rushed over to the Agency with it. 

JMr. Stephenson, cashier of the Atlantic Bank, says, af- 
ter tht^ Light Guard left: 

" I saw a person who appeared to be a leader and hrd been furious 
against the door, r^As me very fast down Elm St. ; I watched him 



30 

he picked up what I supposed to be a heavy plank ; he was a power- 
ful man as I judged, as he carried the plank very fast by me toward 
the Agency, and shortly I heard a battering against the door and cries, 
' now we'll do it.' I heard distinctly, orders given, which I supposed 
to come from the Agency, to the assailants to keep off ; I heard one 
voice louder than before, calling to the crowd to come on, as the 
police were cowards, and dare not fire ; a shower of stones then fol- 
lowed." 

One man near the door about this time shouted to the 
crowd, " If you will follow me, I will go into the building." 
A good many persons responded, " go ahead, we'll back 
you up." 

Mr. Dela, who had left the place where he had stood 
for a few minutes, now returned, and saw some men with 
a piece of plank, and at that instant heard a blow upon 
the door, which was different from anything he had heard 
before, and seemed to start the door from its hinges. 

Mr. Batchelder also states that as soon as he saw the 
plank carried across the street, he heard a beating against 
the door, and immediately saw the flash of pistols in the 
Agency room. 

The assault by the barrel, or the plank, had succeeded 
in making a breach in the door ; the upper, or sash part, 
having been previously broken in. Encouraged by this 
success, and the shouts of the leaders, the crowd had now 
gathered close around the door. The two principal lead, 
ers incited the crowd to press on. The evidence is almost 
irresistible, that one of these was Robbins; it was his 
voice that called upon the crowd to rush on ; it was he 
who advanced and kicked with violence against the door ; 
it was he whose arm was thrust in and removed the fast- 
enings from the door, and exclaimed " the way is clear." 
It was at this crisis when the police believed the time for 
the last argument had come, that they commenced firing. 



31 

It is in evidence that about the time the firino; from the 
Agency commenced, one or more pistol shots were fired 
from the crowd into the Agency room. James R. Gray, 
a respectable witness, who was in the room, testified that 
after the police had begun to fire, he saw a man come up 
to the Agency door, on Congress street, and discharge a 
pistol through the door -, he saw the flash, heard the re- 
port, and the crash, as of a ball striking a barrel which 
stood near him. lie examined the barrel next morninir, 
and found a bullet hole through it, which he had no doubt 
was made by that shot ; the pistol appeared to be of large 
size. John S. Libby testified, that at the time the firing 
in the Agency commenced, he saw a man come hastily 
round the northerly corner of the City Hall, and when 
within about ten feet of the Agency door, he sa;v him dis- 
charge a pistol into the A gency room. James II. Shack- 
ford testified that he was standing on the balcony of 
the U. S. Hotel, while they were firing from the Agency, 
and saw distinctly two flashes of pistols in the crowd to- 
wards the Agency door, and believe tliem to have been 
pistol shots fired by persons in the crowd. 

Reuel Shaw and Robert McAlmon also saw the flash of a 
pistol from the crowd. Alvin Leighton states, "I heard 
the report of three or four pistols fired from the crowd on 
Congress street, between the City Agency and the Clapp 
block. They appeared by the flashes to have been fired 
ten or twelve feet from the door of the Agency." Samuel 
S. Felt says, that having stated in the hearing of some of 
the crowd that he would expose every one that he knew 
who threw stones, or participated in the mob, he w^as as- 
sailed by several persons, wlio called him a damned pimp, 
and one drawing a pistol from his pocket and holding it 



32 

near his face, said with an oath that "he wouhl take care 
of me." " I saw," he says, " the pistol distinctly." 

These statements are confirmed by the testimony of 
other credible witnesses, who spoke of seeing flaskes of 
pistols in the crowd and hearing reports. Some saw 
flashes but did not hear reports. 

In adcUtion to these facts, there were exhibited to the 
Committee about two bushels of stones and brickbats, of 
various sizes, which were gathered in the Agency room 
on the morning after the attack, one of which weighed 
twenty-five pounds ; many others were of large size. 
These are dead but speaking witnesses, of the fury of the 
assailants. 

The pork barrel and the piece of plank were found on 
the side walk the next morning. 

We will now advert to the position of the protective 
force within the Agency. The whole number of persons 
in the Agency room during the evening, until the Rifle 
Guards entered, did not exceed ten men, including the 
Marshal and his Deputy Ring. They were ordered by 
the Mayor, and by two at least of the Aldermen, to pro- 
tect the property of the city at all hazards. They man- 
fully and patiently stood their ground three hours, during 
the mingled assaults and abuse of the rioters, from eight 
to eleven o'clock. They continually cautioned the rioters 
about the door, to desist from any attempts to enter it, 
assuring them they were armed and should fire upon any 
one who made such attempt. These repeated warnings 
wore received in language like the following: "Fire and 
bo damned," " you are a pack of damned cowards, and 
dare not lire." The leader, who had rallied his folio ^vers, 
and who had reached in to withdraw the bar from the 
door, through the breach they had made, and who is sup- 



33 

posed to have been Robbins, cried out, "Now make a rush, 
now is the time, cut their damned harslets out." The 
Marshal standing near the door, commanded him to " leave 
that door in a moment, or he would be shot j" still persist- 
ing to raise the bar, both the Marshal and Deputy 
Marshal fired their pistols, purposely elevating them, so 
as not to hit any one, in the hope of deterring them from 
any further attempts upon the door. This, instead of pro- 
ducing the desired effect, only exasperated the crowd the 
more ; the leader then shouted, " blank cartridges, God 
damn them, rush forward, the way is clear." He had now 
removed the flistcnings from the door, he appeared to have 
the bar in his hand, and was pressing forward, The Mar- 
shal and other members of the police, believing from the 
exasperated condition of the rioters, some of whom seemed 
to be intoxicated, and their, threatening language, that not 
only the property of the City, but their own lives, were 
in imminent peril, renewed their fire directly through the 
doorway. There were but five or six of the police who 
were armed, and they discharged three or four volleys 
near together. The second and third shots did execution, 
for the cry was successively raised, '• a man is shot," " a 
man is killed," "he is dead." 

The tumult was hushed a little, and then a renewed 
attack was made ; the police continuing their fire, as at- 
tempts were made to enter the door, until the Rifle Guards 
appeared, expecting every moment, as they testified, that 
they would have been overpowered by the superior force 
of their assailants. And there is good reason to believe 
that their apprehensions were not without foundation. 

The Marshal, Deputy Marshal, and other members of 
the police have testified that they were under constant 
fear of serious injury to themselves from the missiles that 



34 

entered the room, and of the loss of life if they had been 
overcome. Several were wounded. The subordinates 
state that they were ordered by the Marshal to reserve 
their fire, and to use their pistols only in the event that 
any of the crowd should enter the door. This order they 
obeyed, and it Avas only when the danger became immi- 
nent, that they resorted to their arms. This is con- 
firmed by the unimpeachable testimony of persons near- 
est the scene, and who preceived the critical condition 
of affairs. 

It is the opinion of the Committee, that the mob had ar- 
rived at a point next to the accomplishment of their object, 
and had it not been for the use of their fire arms, at the 
very moment the police applied them, the Agency would 
have been forced ; the lives of its defenders put in great 
jeopardy; the liquors have been destroyed or partly used 
to inflame the passions of the rioters ; and then, the ex- 
tent to the injury of life and property, in our fiiir city, no 
mortal can conjecture. 

The timely firing of the police, and the fortunate acces- 
sion of the Rifle Guards.|when the police force was nearly ex- 
hausted, and could not much longer have maintained their 
position, most happily averted a calamity, which would pro- 
bably have shrouded our city in wo, and which it[shocks hu- 
man sensibility to contemplate. The death of one man, 
and he a leader in the riotous assault, no doubt saved 
the lives of many innocent persons, the sacrifice of much 
valuable property, and the prostration of law and order 
before the wild passions of an imbruted mob. 

That the police were entirely justifiable in using their 
arms at the moment they did, the Committee entertain no 



35 

doubt ; nor have they any doubt that Robbins was killed 
by a shot from the police, before the appearance of the 
Rifle Guards. The weight of testimony strongly prepon. 
derates in that direction. It was he who was in the front 
rank of the assailants ; he is the person who was actually 
entering the door ; he was seen to fall by Rich from the 
window over the Agency door before the Rifle Guards 
went down ; the cries of " a man is shot/' " he is dead/' 
were heard inside and out of the Agency, before the Rifle 
Guards entered the room ; and this cry was raised when 
Robbins was borne off, and from the fact that the voice of 
the leader was not heard after the second or third fire of 
the police. The Marshal states it as his belief that he 
was killed the second or third fire ; and that a man ap- 
parently dead, was carried off, during the firing of the po- 
lice, was attested by numerous witnesses. 

James M. Jewett states that he was standing within 15 
feet of the man when he was shot, and knows that it wag 
at the third fire of the pistols from the Agency, and before 
the Rifle Guards came down. He saw the body carried 
to the lamp post on the corner of Elm street, and then 
down Congress street. 

These circumstances would scarcely leave any doubt of 
the fact were they unaccompanied by others more direct 
and positive. We will now proceed to state other facts 
which would seem to remove all doubt from an unbiased 
mind. 

The military did not commence firing until 11 o'clock. 
John S. Libby states that he saw the Rifle Guards when 
they went down ; before that, he saw the flash of pistols 
in the Agency, and them an whom he believed to be Rob- 
bins, raised his hand, groaned out something and lurched 
over. He says, " I heard the words ' he's shot,' and a 



36 

portion of the crowd took him off." Mr. Libby was one 
of the watch, and was constantly among the crowd ; and 
is confident that the man who was thus carried off was 
the same who had been encouraging the crowd to rush to 
the Agency door. 

Andrew J. Rich testifies, that looking from a window 
over the Agency door, he saw the man who had been ac- 
tive in the riot, fall by a shot from the Agency ; heard the 
cry " a man shot," and saw him carried across the street^ 
to the gas light on the corner of Elm street. He then 
left the window, stopped a minute at the armory, and saw 
the Mayor and the Rifle Guards there, not having then 
been down ; he then went home, and as he was going 
down the stairs of the Hall, he looked at his watch, and 
found the time to be 11 minutes to II o'clock. 

Wm. Ferris testified that as he entered his house on 

the corner of Lime and Federal streets, from the City Hall, 

he heard the clock strike 11 ; in two minutes after that, 

he stepped out and saw persons carrying Robbins to the 

Elm House ; he followed them in and saw him dead. Dr. 

Wm. Young states that Robbins after he was shot, was 

carried first to Dr. Clark's, then to Dr. Lord's office, both 

on Congress street, then further down the same street to 

Dr. Dodge's house ; not finding the surgeons, the body 

was taken to the Elm House. Dr. Clay, who boarded at 

the Elm House, testifies that as he was about going to 

his room for the night, he looked at the hotel clock and 

found it to be 7 minutes to 1 1 o'clock ; he is sure it was 

as much as five and he thinks seven minutes, before 11 ; 

just at that moment, he was informed that a wounded man 

was at the door ; they brought him in ; it proved to be 

Robbins, and that he was dead. He was taken across 



37 

the street to his office, and he is sure he was there hy 11 
o'clock. 

James Crawford, one of the witnesses examined before 
the 2d Inquest, stated that Robbins was killed between 
10 1-2 and 11 o'clock — that it was not quite 11 o'clock 
when the body reached Dr. Clay's office. He assisted in 
taking it there. 

The Marshal testifies that after the firing of the Guards 
was over, which he says did not occupy three minutes, the 
gas was lighted in the room and the Mayor looked at his 
watch, and found it to be 5 or 6 minutes after 11 o'clock, 
he does not remember which ; the Mayor confirms this 
statement with the addition that it was just 6 minutes af- 
ter 11, and that his watch was regulated by Lowell & 
Senter's time. 

The testimony of another witness is so direct on this 
point, that we present the statement in detail. 

James R. Gray testified, that being in the Agency room 
in the early part of the evening. Marshal Barrows request- 
ed him to remain and assist in protecting the property. 
He says : 

" On the second filing of the police, I saw the man whose arm was 
in the doov endeavoring to unfasten it, fall from the door, and heard 
him say ' I'm shot,' or something like that, the same man had been 
rallying the crowd 15 minutes, and the Marshal had repeatedly cau- 
tioned him, that if he entered the door the police would fire. As he 
was lifting the bar, the Marshal again forbid his entering, and he re- 
plied, and they were the last words he uttered before he was shot, 
' I'll either go through that door or go to hell ;' in less than half a 
minute he was shot. I was within ten feet of him ; this was the 
leader who had been inciting the crowd." 

He then further stated, that having been wounded in 
the forehead by a stone which drew blood, and knocked 
his hat off, he went out of the Middle street door without 



38 

a hat, to go home. The Rifle Guards had not then come 
in. He then says : 

" I went down Congress street, very quick, running most of 
the way. As I got to the head of Exchange street, opposite the Court 
House, I saw eight or ten men carrying the body of a man down Ex- 
change street ; they had just turned the corner into that street. 1 
went toward them and saw the head of the man they were carrying, 
hanging down ; he was apparently dead. I asked Daniel Gill who it 
was ; he said that it was a man who had been shot. Just as I saw 
this procession I heard the discharge of musketry at the City Hall." 

Daniel Gill confirms this statement in regard to the 
body. He says : 

" I went to the City Hall about 9 o'clock, and remained there till 
Robbins was shot. I heard the cry, ' A man is killed.' I saw him 
taken by a number of men, and carried down Congress Street. I fol- 
lowed him to Dr. Lord's office ; his office was shut ; I said to those 
who carried him, take him to the light in front of the City Government 
House. They took him to the light, and I put my hand on his face ; 
I recognized him as John Robbins for he had been to my place of busi- 
ness. I remarked that the man was dead, as his flesh was cold, that it 
was no use to carry him farther. They carried him down Exchange 
Street. I stopped on the' sidewalk, perhaps five minutes, talking with 
gentlemen. James R. Gray was there and spoke to me. I afterwards 
heard the firing of the musketry. I knew it to be musketry, for it was 
much louder than the pistol firing. I went to the store above Dr. Lord's 
office, where I had left my wife, and as we started to go home, I heard 
the clock strike eleven." He says, " we went directly home, and on 
entering the house looked at the clock, it was from five to ten minutes 
past eleven o'clock. I am positive it was not over ten minutes past 
eleven." 

Dr. Clark, at whose house the persons bearing the body 
of Ptobbins are proved to have called, on their way from 
the City Hall, states, that during the firing, two calls were 
made at his house after he was in bed, the bell was rung 
violently both times by a number of person, and within 
5 to 7 minutes of each other, the last he knew from some 



39 

circumstances which transpired, to have been from 10 to 
15 minutes before 11 o'clock; no other call was made af- 
ter that. He afterwards heard the clock of the Stone 
Church, which is next to his house, strike 11. He recol- 
lects a distinction between the firing ; the first, which he 
supposed to be pistols, was scattering ; the last seemed 
to be platoon firing, more heavy and together — this latter 
firing seemed to be by platoons in rapid succession, three 
or four dischirges, all in two or three minutes. 

This confirms facts before stated, and taken in connec- 
tion with the evidence that the persons bearing Robbins 
stopped at Dr. Clark's door, prove conclusively that Rob- 
bins was shot, at least a quarter of an hour before 11 
o'clock. 

't If this testimony, which is minute and concurrent as to 
the time, and the identity of the person killed, is to be be- 
lieved, and we see no reason to doubt it, it exhibits, from 
various and disconnected sources, a series of facts, svhich 
must carry the conviction that Robbins was killed by a 
shot fired by some of the police, before the fire of the mil- 
itary commenced. He was certainly shot some minutes 
before 11 o'clock, the military did not fire until 11 o'clock, 
nor until the dead body of Robbins had been taken away 
from the City Hall, and was lying in Dr. Clay's office. 

It is not to be denied that there is some testimony at 
variance with this conclusion, but it is rather a matter of 
opinion than a statement of facts. Some formed their 
judgment from a comparison of the reports of the differ- 
ent kind of fire arms. But to those standing quite near, 
the reverberation of the sound in a close room must have 
rendered it difficult to distinguish the kind of pieces used, 
while those at a distance would have a better opportuni- 



40 

ty to discriminate — others were no doubt misled in the 
confusion, by several persons having been carried off wound- 
ed. Mr. Dela spoke more positively than any one else, as 
to Robbins having been shot by the military. But he was 
standing on Congress St. side of the building, and did not 
know when the military entered the building, and judged 
from the report of the arms. Again it may be said that 
not having known Robbins before, he may have been mis- 
taken in the person who was actually killed, as he did not 
follow him to make sure of the fact, and he saw several 
carried off. In one respect Mr. Dela agrees with several 
of the police officers and other witnesses. He said " when 
my back was turned on the Agency, there was a discharge 
of musketry from the Agency, I turned about and went 
back as near as I could to the place where I first stood, 
there was a shout from the crowd, ' blank cartridges, God 
damn them.' I immediately heard another discharge of 
musketry from the Agency, and saw by the flash John 
Robbins fall from the door." 

It will be perceived that Mr. Dela makes the fall of 
Robbins follow the cry of " blank cartridges ;" all the oth- 
er witnesses connect this shout with the first ineffectual 
fire of the police, who purposely fired over the heads of 
the rioters. Mr. Dela must therefore have mistaken the 
fire of the police for that of the military. 

Josiah Spofford testified that the firing of the musketry 
continued 15 or 20 minutes. He was outside of the build- 
ing, mingling in the crowd. The Marshal and other wit- 
nesses in the room, when the firing commenced and end- 
ed, are positive that the whole firing of the military did 
not exceed five minutes, the Marshal says not three min- 
utes. The sections, four in each, marched up in quick suc- 
cession, fired, and fell back. At that time, the crowd 



41 

which had been in front of the door, had fallen back on 
each side, leaving a clear passage from the Agency door 
across the street. They still however, according to the 
testimony of Capt. Roberts, continued to throw stones in- 
to the Agency in every direction, hitting several of his 
men. We are persuaded therefore, that Mr. Spolford as 
well as Mr. Dela blended the firing of the police with that 
of the military — the firing of the police having continued 
at least 20 minutes, and up to the time the Rifle Guards 
entered the room. 

Another reason given that the deceased was killed by a 
musket ball was the size and appearance of the wound, 
which led Dr. Lord, and also Dr. Young to the opinion, 
that the death was caused by a musket ball. It must 
here be remarked that these surgeons did not examine 
the wound minutely until several days after death* 
The Committee believe that no certainty can be at- 
tained in a case like the present whether the wound 
was inflicted by a pistol or a musket ball ; the differ- 
ence in the size of the ball would not be determined 
by the appearance of the wound. Such they also under- 
stand is the opinion of surgeons skilled in those subjects. 
Ira Stillson, who examined the wound on the day after the 
death, and compared it with one inflicted by ii pistol shot 
upon a young man some time before, which caused death, 
says that the wound on Robbins was smaller than the oth- 
er ; he tested them both by his finger. It is said by sur- 
geons that persons practically unacquainted with shot 
wounds, cannot determine with any certainty whether a 
wound is caused by a pistol or a musket ball. It must 
be conjecture, nothing more. 

The idea advanced by some, that this riot was the work 
of bo?/s, is preposterous, and can only exist in the imagi- 



42 

nation of those who seek a justification of their conduct, 
or an argument to support a preconceiyed opinion. A 
mob brought together on an issue in which boys would 
naturally take no interest ; which was evidently projected 
beforehand, and so systematically and pertinaciously con- 
ducted, for an openly avowed and unlawful object, was 
the design and work of men, and not of boys. That the 
active rioters found sympathy and encouragement in many 
bystanders of respectable position in society, who ardent- 
ly desired to see the liquors destroyed, but did not dare 
to commit overt acts, was made apparent by scenes of the 
evening, and by declarations before and after. This is 
one of the saddest phases in this lamentable tragedy, and 
must have a tendency to weaken confidence in our repub- 
lican institutions ; when respectable persons, on any pre- 
tense, Avill stand by and see the majesty of the law tram- 
pled upon by lawless and unprincipled men, without rais. 
ing their hands or their voices in its defense. What se- 
curity shall we have in our institutions, when the people, 
the essential sovereigns, and people of property and stand- 
ing too, lose that salutary veneration for the laws, which 
is their chief safeguard ? 

We now come to consider the expediency and legality 
of the city authorities, in protecting the property of the 
city, and invoking the military companies to aid the police. 

The Mayor and Aldermen were early informed on Sat- 
urday aftSrnoon, June 2d, of the issue of a warrant for 
the seizure of the liquors recently purchased in New York, 
and for the arrest of Mayor Dow. A meeting of the 
Board of Aldermen was held on the same afternoon, at 
which the bond of Mr. Chute, who had been previously 
chosen City Agent for the sale of liquors, was approved, 



43 

and also Bramson & Go's invoice of liquors, purchased by 
the Committee. After the meeting, the Mayor and some 
of the Aldermen remained at the government house until 
tea time, and returned there again after tea. 

Numerous and accredited reports were made at the 
Mayor's office the latter part of the afternoon, and early 
in the evening, that groups of excited persons were gath- 
ering about the City Hall, that appointments for a meet- 
ing at the same place in the evening, had been made, 
and threats uttered that the liquor in the Agency should 
be destroyed. 

This information, coming from the police, some of the 
Aldermen, and other respectable sources, could not be 
disregarded. The whole police force of the City, includ- 
ing the watchmen, did not exceed 32 or 33 in number; 
a force totally inadequate to meet a desperate emergency- 
The Mayor instructed the chief of police to station a por- 
tion of his force in the Agency Room, armed, and to pro- 
tect the public property at all hazards ; and to post 
another portion outside of the building, to preserve the 
peace, and to arrest rioters. 

From information received by the Mayor after tea, of 
the multitude and temper of persons assembled about the 
City Hall, he was persuaded that the regular police force 
would not be sufficient to resist a powerful and determin- 
ed attack upon the building, which he had reason to be- 
lieve was contemplated. He therefore consulted with 
the several Aldermen who were present, and afterwards 
with the City Solicitor, and camo to the conclusion that to 
preserve the peace and good order of the city, and to 
protect the public property, would require the use of a 
larger force, than the usual police of the city, however 
faithful and efficient they might prove. 



44 

A written agreement had been entered into in January 
last, between the city and two of the military companies, 
viz: — the Light Guards and the Rifle GuaiTls, by which 
for a certain compensation, they had severally covenant- 
ed to render their services to the city as an armed police, 
for the suppression of riots, when they should be required. 
The words of that agreement are as follows : — we quote 
from the one in possession of the Rifle Guards. 

'• At a regular meeting, duly notified, of the Portland Rifle Guards, 
held at their Armory, January 9, 1855 ; it was unanimously Voted, 
That upon condition, that the city government pay to this company 
one hundred and three dollars, agreeably to the action of the city 
government, the services of this company be tendered to said city, to 
aid its civil officers as an armed police force, in suppresing any riots 
or disturbances, which may occur within said city, whenever they may 
be called by the proper authorities, upon condition aforesaid." 

The condition has been complied with, and the money 
paid to each company as stipulated in the vote. 

Between 7 and 8 o'clock, the aspect of affairs at the 
City Hall became more threatening ; the Mayor had re- 
quested Alderman Brooks to call upon Capt. Green, of 
the Light Guards, and desire him to have his men as- 
sembled at their armory at 8 o'clock, to aid the police, 
as a riotous assembly was apprehended. Capt. Green 
replied that he was tired, and did not wish to go down 
unless he was wanted. He did not then go down to the 
armory, but sent a young man to ascertain whether there 
was any necessity for his going out. Between 8 and 9 
o'clock, circumstances had become more urgent ; com- 
munications were made to the Mayor by the p>olice, that 
the riot was becoming alarming ; that persons who had 
been arrested had been rescued ; that stones had been 
thrown violently against the building, and there was 



45 



reason to believe that a strenuous attempt would be 
made to enter the buildmg, and destroy the liquor 
Alderman Brooks was again sent to Capt. Green to 
hurry him along ; and a messenger was despatched, on 
the earnest recommendation of Alderman Carleton of 
its necessity, to Capt. Roberts of the Rifle Guards, to 
have his company at their armory by 9 o'clock, as an 
armed police. Both Captains declined calling their com- 
panies out, without a written requisition from the Mayor. 
The Mayor, believing that no time was to be lost, as the 
facts before narrated have sufficiently shown, proceeded 
at once to draw orders to the two commanders, of simi- 
lar import, of which the following to Captain Green is 
a copy : 

"state of MAINE. 

County of Cumberlland, ss. ) 
City of Portland. / 

To Capt. Charles H. Green, Commanding Officer of the Portland Light 

Guards : — 

Whereas, it has been made to appear to our Mayor of our City of 
Portland, that a tumultuous assemblage is gathered at or near the City 
Hall, threatening destruction of property, and that military force 
is necessary to aid the civil authorities in suppressing the same ; now 
therefore I command } ou that you cause fifty men of your company, 
armed and equipped, and with ammunition as the law directs, and 
with proper officials detailed by you, to meet at the armory, in the mil. 
itary hall, at 9 o'clock, and then and there to obey such orders as may 
be given according to law. 

Hereof fail not at your peril : and have you there this precept witli 
your doings thereon returned. 

Witness, Neal Dow, on the second day of June, in the year one 
thousand eight hundred and fifty-five. 

NEAL DOW, Mayor." [l.s.] 

The respective captains then proceeded to notify as 
many of their men as they could conveniently reach, 
to assemble at their armories. Capt. Roberts thus 



46 

speaks of the first or verbal message sent to liim : 
" Some individual, I do not know who it was, informed 
me that there was an order at my Armory, from the 
Mayor, requesting the services of myself and my com- 
pany to act as an armed police force, should the occasion 
require." Alderman Brooks testifies that he made the 
request in similar terms to Capt. Green. 

It is evident, then, that the city authorities, in calling 
out these companies, did it as a matter of precaution, 
and to aid the poHce, and not simply as a military force. 
Capt. Roberts so considered it, for he says, that in or- 
dering out his men, he considered that he was comply- 
ing with his contract with the city, to afford them an 
armed police when called for. 

Capt. Green took a different view of it, and although 
he had a similar contract with the city as the other com- 
pany, he says, " I considered that I was ordered out as 
a military company, under the laws of the State." 

However he might have considered the authority of 
the order, the city authorities called the companies out 
under that contract, as was stated in the first communi- 
cation made to them. 

In fact, the Mayor had no military power ; his order, 
if viewed in that light, had no authority whatever, and 
the companies were not bound to obey it ; it was sim- 
ply nugatory. But they did come out at the re- 
quest of the Mayor, who, with any one of the Alder- 
men, had a right by law to " require the aid of a suffi- 
ent number of persons, in arms or otherwise," and when 
they appear in pursuance of such requirement, they are 
authorized, by express statute, which is in affirmance of 
the common law, to " proceed in such manner as they 
may judge expedient to suppress such riotous or tu- 



47 

multuoiis assembly, and to arrest and secure the persons 
composing the same." 

These companies were present j by their contract they 
were bound to be present ; the very emergency contem- 
plated by their contract had arisen : and being there, 
they were bound by law, as well as their contract to 
obey the city authority, for the suppression of the riot. 
It is not only the right of two of the magistrates of the 
city to judge of the emergency, but it is their impera- 
tive duty, as high public officers, as conservators of the 
peace of the city, and the welfare of its people, to use 
every resource at their command to preserve the peace 
b} dispersing tumultuous assemblies, peaceably if they 
can, forcibly if they must. K such assemblages neglect 
or refuse quietly to disperse, on lawful requisition by the 
peace officers, and proceed to acts of violence and breach 
of the peace ; it then becomes their duty, as guardians of 
the public safety, to quell the disturbance and subdue 
the rioters, by an armed force, even at the expense of life. 
The statute of Maine provides, that " if any such 
magistrate or other officer, having notice of any such 
unlawful or tumultuous assembly in the city or town 
where he dwells, shall refuse or neglect immediately to 
execute his duty, in relation thereto as provided in the 
fifth section of this chapter, he shall be punished by a 
fine not exceeding $300." And if such rioters, "or any 
person present as spectators or otherwise, shall be killed 
or wounded, the said magistrates and officers, and per- 
sons acting with them, &c., shall be held guiltless and 
justified in law." 

Can any one doubt that here was a riotous assembly? 
Can, or does, any one doubt, that if the rioters had not 



48 

been resisted, even unto death, tlie public property 
would have been sacrificed, public law and private 
rights trampled under foot, and, not improbably, many 
lives taken, and private sanctuaries violated, the usual 
results of the unrestrained license of exasperated mobs? 
Here was a question, not merely whether a quantity of 
liquor should be destroyed ; for that would be of com- 
paratively small importance ; but whether law should 
be vindicated and triumphant, and the peace and prop- 
erty of the city be preserved ; or whether mob violence 
should rule the hour, trample upon law and order, and 
break down the sacred barrier, which protects the life, 
the property, and the happiness of our people. 

That this riot could not have been dispersed or quell- 
ed, and the public proj^erty protected, without resort to 
an armed force, in addition to that of the police, the 
testimony considered by the Committee, has proved to 
their satisfaction. The peace officers had in vain made 
proclamation, and issued their orders to the crowd to 
disperse ; the Mayor, and Sheriff, and the Police Officers, 
were repeatedly and publicly insulted, and their author- 
ity repudiated ; and renewed violence and ferocity fol- 
lowed every peaceful effort to disperse the assemblage 
and quell the tumult. 

That the Mayor did not call upon an armed force, 
too large, or too soon, is apparent from the testimony. 
This additional force was not applied until the regular 
j)olice were nearly overpowered, and an Alderman fresh 
from the scene of action, had entreated the Mayor to 
proceed without further delay, with the auxiliary force, 
to preserve the property and rescue the pohce from 
imminent peril. 

There is no evidence of undue precipitancy on the 



49 

part of the Mayor, any more than there is of timidity and 
shrinking from duty. And while the Committee deplore 
the loss of life, they would, with all good citizens, have 
deplored much more the prostration of all law and order, 
before the vindictive fury' of a licentious and lawless mob- 
The city authorities had a high, arduous, and responsible 
duty to perform ; they had to act promptly, and on a sud- 
den emergency ; the welfare of a great and wealthy com- 
munity, — the lives of women and children, as well as of 
unoffending men, — were in their hands. Were these 
great interests to be sacrificed to the reckless passion and 
vengeance of lawless men, or were they to be protected at 
any cost even to the taking of life ? 

What kind of a government would that be, and what 
security would that people enjoy, if mobs were permitted 
to break down laws solemnly enacted by a legislature 
chosen by the people, of whom they are a part ? That 
revolution in our system of government only is to be tol- 
erated which the constitution provides ; a peaceful repeal 
of any and all laws which are injurious to the community, 
or are found unwise or inexpedient. 

The Committee, on a careful and laborious investigation 
of the whole case, are satisfied that the Mayor and other 
executive officers of the city did no more in the emer- 
gency, than their duty and the public service required ; 
and that they would have proved unfaithful to their trust, 
had they done less. 

WM. WILLIS, Chairman. 

W. T. DWItillT, J. C. CUURCIHLL, 

JOSHUA B. OSGOOD, SA.MUEL CHASE, 

^•A'1'H'L I'. DICERING, W. 1'. FARKINGTON, 

nVRON GllBEXOUII, (SAMUEL R. LEAVITT, 

WM. WOODBURV, THOMAS CHADWICK, 

DANIEL HOOD, W,\L GOODENOW 

H. C. BABt3, LEMUEL COBB, 

HEXRY B. IL\RT, WAL KIMBALL. 

Portland, July 10, 1855. 



50 
COMMITTEE OF INVESTIGATION. 

Ln Committee, July 10, 1855. 

Voted, Unanimously, that the report submitted by the Chairman, on 
the subjects which have engaged the attention of the Committee, be 
and the same are hereby adopted. 

Voted, That the report be signed by all the nieuib(.Ts oC the Com- 
mittee, and be communicated to the Board of Aldermen, 

Voted, That it be recommended to tlie Board of Aldermen, that 
the report be printed in a pamphlet form, and in the newspapers of the 
city. WM. WILLIS, Chairman. 



CITY OF PORTLAND. 

In Board of Aldermen, July 11, 1855. 
The foregoing report was read and accepted by the Board, by vote 
taken by Yeas and Nays, viz : Yeas five — Navs one. 

Attest: WM. BOYD, City Clekk. 



Note. — Mr. Davies, the only member of the Committee, who did 
not sign the report, was absent from town when it was adoptt d and 
signed. The following note from him will explain his views : 

Dear Sir : In answer to your note, mentioning my " absence from 
town during the last two or three days of the Committee's session, and 
that I had not returned when the report was adopted and signed ;" it 
may be due to the Committee, as well as myself, to say that I intend- 
ed and expected to have returned in season to have taken part in their 
deliberations upon the subject and evidence before it. I regret that I 
could not have returned earlier. Not having had that opportunity, and 
only having had that of hearing the report as it was read yesterday, I 
am willing to say that I concurred with the Connnittee in all their pro- 
ceedings, while I was with them. I had not time to consider all the 
statements and coKrIu'i''n.T prrsontcd in the report carefully ; but 
though it lacks my signature, I do not wish to be understood as dis- 
senting from the general tenor and substance of it. 
Truly and respectfully yours, 

July 12th. C. S. DAVIES. 

Hon. WM. WILLIS, Chairman. 





















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